Arbitrary And Capricious Agency Action

543 Florida cases classified under this topic, plus 562 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Chem-Haulers, Inc. v. Interstate Commerce Comm'n & United States
  565 F.2d 728· D.C. Cir.· 1977-09-19 ·cited 14×
  The court held that the Interstate Commerce Commission must provide a reasoned explanation, supported by substantial evidence, for its decisions regarding gateway elimination applications, especially when distinguishing between substantial and insubstantial traffic volumes.
• ACE Motor Freight, Inc. v. Interstate Commerce Comm'n & United States
  557 F.2d 859· D.C. Cir.· 1977-05-23 ·cited 14×
  The court held that the Interstate Commerce Commission's order denying Ace Motor Freight's application for authority from Columbiana and Frostburg was arbitrary and an abuse of discretion because it treated similarly situated applicants dissimilarly without a rational basis. The
• Olshock v. Vill. OF Skokie
  541 F.2d 1254· 7th Cir.· 1976-09-17 ·cited 14×·via Arbitrary And Capricious Action
  The court held that the record did not sustain a finding of clear and intentional discrimination by the Board, and thus the plaintiffs failed to meet their burden of proof for constitutional violations.
• Silva v. Secretary OF Labor
  518 F.2d 301· 1st Cir.· 1975-06-10 ·cited 14×
  The court held that the Secretary of Labor's denial of alien labor certification was arbitrary and capricious because the record did not support the finding that United States workers were available for the specific live-in domestic position sought.
• The McCarty Corp. v. The United States
  499 F.2d 633· Ct. Cl.· 1974-06-19 ·cited 14×
  The court held that the Corps of Engineers acted arbitrarily and discriminatorily by improperly correcting a third-party's bid while denying the plaintiff's request to correct its own bid, entitling the plaintiff to recover bid preparation costs.
• Caton v. Smith
  486 F.2d 733· 7th Cir.· 1973-10-03 ·cited 14×·via Arbitrary And Capricious Action
  The court held that the parole board acted arbitrarily and capriciously in revoking parole based on cooperation with police under misleading assurances.
• United States v. 58.16 Acres OF Land
  478 F.2d 1055· 7th Cir.· 1973-04-13 ·cited 14×·via Arbitrary And Capricious Action
  The denial of a landowner's challenge to the government's right to take property in eminent domain is an appealable order if the challenge raises fundamental issues of bad faith or arbitrariness, even if interlocutory.
• Encina v. Tony Lama Boot Co., Inc.
  448 F.2d 1264· 5th Cir.· 1971-09-24 ·cited 14×·via Arbitrary And Capricious Action
  Summary judgment for defendants is affirmed because the issues presented were legal, not evidentiary, and the union's conduct did not breach its duty of fair representation.
• United States v. Pence
  410 F.2d 557· 8th Cir.· 1969-05-01 ·cited 14×·via Arbitrary And Capricious Action
  The court held that a registrant's reclassification from conscientious objector status to available for military service, based on reasons unrelated to the merits of his claim (like refusal to volunteer for civilian work or political protest), is unlawful and can be challenged wi
• Indus. Workers OF the World v. Ramsey Clark
  385 F.2d 687· D.C. Cir.· 1967-09-26 ·cited 14×
  The court held that the appellants' claim should not be remanded for further proceedings.
• Udall v. Littell
  366 F.2d 668· D.C. Cir.· 1966-09-02 ·cited 14×·via Arbitrary And Capricious Action
  The Secretary of the Interior has the inherent statutory power to administratively cancel a contract with a tribe's General Counsel for cause, and the admitted unauthorized use of tribal staff attorneys on contingent fee cases constituted sufficient cause.
• Grubin v. The United States
  333 F.2d 861· Ct. Cl.· 1964-06-12 ·cited 14×·via Arbitrary And Capricious Action
  The dissenting judge believes the statute of limitations begins to run when a service member refuses to appear before a retiring board, and that the majority's decision allowing a plaintiff to extend this period by his own act is erroneous.
• Eastern Greyhound Lines v. Fusco
  323 F.2d 477· 6th Cir.· 1963-10-18 ·cited 14×
  A district court lacks jurisdiction to review a National Labor Relations Board election and certification order when the Board has not admittedly ignored express provisions of the Act, even if the employer alleges the Board's decision was arbitrary or erroneous.
• United States v. Vaughn Preston Peebles
  220 F.2d 114· 7th Cir.· 1955-03-04 ·cited 14×·via Arbitrary And Capricious Action
  The court held that the biased and prejudiced action of the Local Board deprived the defendant of a fair hearing and procedural due process, rendering the induction order a nullity.
• Nat'l Labor Relations Bd. v. Nat'l Gas Co.
  215 F.2d 160· 8th Cir.· 1954-08-10 ·cited 14×
  The court denied the National Labor Relations Board's petition for enforcement because the Board had subsequently determined that the facts did not justify its jurisdiction and had issued new regulations that excluded the respondent.
• United States v. Willis
  211 F.2d 1· 8th Cir.· 1954-03-18 ·cited 14×·via Arbitrary And Capricious Action
  The court held that the district court erred in setting aside the condemnation judgment, finding the government's decision to acquire the tract was not arbitrary or capricious.
• Nat'l Air Freight Forwarding Corp. v. Civil Aeronautics Bd.
  197 F.2d 384· D.C. Cir.· 1952-04-10 ·cited 14×
  The court held that the Civil Aeronautics Board (CAB) did not err in denying an air freight forwarder's application for operating authority due to its railroad control, nor was its treatment of other applicants discriminatory.
• United States ex rel. Knauff v. McGrath
  181 F.2d 839· 2d Cir.· 1950-03-28 ·cited 14×
  The court reversed the denial of a petition for habeas corpus, ordering that a writ issue to allow the respondents an opportunity to file a return.
• State Airlines, Inc. v. Civil Aeronautics Bd.
  174 F.2d 510· D.C. Cir.· 1949-04-06 ·cited 14×
  The court held that the Civil Aeronautics Board cannot award a certificate of public convenience and necessity to an airline for routes that the airline did not apply for, and that the Board's finding of fitness for such routes lacked evidentiary support.
• Pittsburgh S. S. Co. v. Nat'l Labor Relations Bd.
  167 F.2d 126· 6th Cir.· 1948-04-05 ·cited 14×·via Arbitrary And Capricious Action
  The court held that the National Labor Relations Board's order must be denied enforcement because the trial examiner's findings, adopted by the Board, were demonstrably biased and arbitrary.
• State v. Fla. State Racing Comm'n & Charles F. Baldwin
  158 Fla. 335· Fla.· 1946-12-10 ·cited 14×·via Arbitrary And Capricious Action
  The Florida Supreme Court held that the State Racing Commission arbitrarily denied Palm Beach Jockey Club's application for a conditional permit to conduct harness horse racing, finding the application substantially complied with all statutory requirements and applicable rules. T
• United States ex rel. Goodman v. Hearn
  153 F.2d 186· 5th Cir.· 1946-01-15 ·cited 14×·via Arbitrary And Capricious Action
  The court held that the Selective Service Boards' classification of a registrant as 1-A, denying his claim for exemption as a ministerial student, was final and not subject to judicial review via habeas corpus, absent a showing of arbitrary or capricious action or denial of due p
• State v. City of St. Petersburg
  133 Fla. 766· Fla.· 1938-08-01 ·cited 14×·via Arbitrary And Capricious Regulation
  The Florida Supreme Court upheld a city ordinance requiring general contractors to be licensed and examined before issuing building permits, rejecting constitutional challenges based on freedom of contract. The Court held that regulating the construction contracting business is a
• Nat'l Collegiate Athletic Ass'n v. Brinkworth
  680 So. 2d 1081· Fla. 3d DCA· 1996-10-09 ·cited 13×·via Arbitrary And Capricious Action
  The NCAA appeals a temporary injunction prohibiting it from enforcing an eligibility ruling that student-athlete Kevin Brinkworth is ineligible to play football for the University of Miami in 1996. The court reverses, holding that the NCAA's internal procedures were adequate and
• Sierra Lake Reserve v. The City OF Rocklin
  938 F.2d 951· 9th Cir.· 1991-07-09 ·cited 13×·via Arbitrary And Capricious Action
• City Comm'n OF the City OF Miami v. Woodlawn Park Cemetery Co.
  553 So. 2d 1227· Fla. 3d DCA· 1989-08-01 ·cited 13×·via Arbitrary And Capricious Action
  The City of Miami and intervenors challenged a circuit court decision requiring the city to rezone a 1.3-acre parcel of Woodlawn Park Cemetery from residential to commercial zoning. The court held that the city's refusal to rezone constituted unlawful "reverse spot zoning" becaus
• Blane Carter v. Tisch
  822 F.2d 465· 4th Cir.· 1987-07-06 ·cited 13×
  The Postal Service was not obligated to assign the plaintiff to a permanent light duty position as a reasonable accommodation for his handicap, especially when such an assignment would conflict with a collective bargaining agreement.
• Sunshine Health Sys., Inc. v. Bowen
  809 F.2d 1390· 9th Cir.· 1987-02-06 ·cited 13×
  The court held that the district court had jurisdiction and that the regulation 42 C.F.R. § 412.71(a)(2) is invalid because it conflicts with 42 U.S.C. § 1395ww(b)(5).
• Off. OF Commc'n Of the United Church OF Christ v. Fed. Commc'ns Comm'n & United States
  779 F.2d 702· D.C. Cir.· 1985-12-20 ·cited 13×·via Administrative Procedure Act (Apa) Arbitrary And Capricious Standard
  The court held that the FCC's revised regulation requiring broadcasters to maintain an illustrative list of community issues addressed by their programming is arbitrary and capricious because it fails to provide sufficient information for the public to participate effectively in
• Daniels v. Woodbury Cnty.
  742 F.2d 1128· 8th Cir.· 1984-09-10 ·cited 13×·via Arbitrary And Capricious Action
  The court held that the district court correctly found due process violations in the administration of the general relief program and affirmed the award of damages, but remanded for a more specific injunction and further findings on eligibility standards.
• Paris v. United States Dep't OF Hous. & Urban Dev.
  713 F.2d 1341· 7th Cir.· 1983-08-15 ·cited 13×
  The court held that the district court abused its discretion by consolidating the preliminary injunction hearing with the trial on the merits without providing the plaintiffs with adequate notice and opportunity to present their case.
• Tenn. GAS Pipeline Co. v. Fed. Energy Regulatory Comm'n
  689 F.2d 212· D.C. Cir.· 1982-09-10 ·cited 13×·via Judicial Review Of Agency Action (Arbitrary And Capricious Standard)
  The court held that the Federal Energy Regulatory Commission acted reasonably and within its authority in imposing a 60 percent load factor condition on a certificate of public convenience and necessity for a natural gas pipeline system.
• Ass'n OF Am. Railroads v. Interstate Commerce Comm'n & United States
  564 F.2d 486· D.C. Cir.· 1977-07-29 ·cited 13×
  The court held that the Interstate Commerce Commission's reinterpretation of the 'custom-of-the-trade provision' was arbitrary and capricious, as Congress, through reenactment and legislative history, affirmatively intended to preserve the provision's original meaning.
• Woko, Inc. v. Fed. Commc'ns Comm'n
  153 F.2d 623· D.C. Cir.· 1946-01-21 ·cited 13×·via Arbitrary And Capricious Action
  The court held that the Commission's denial of a license renewal based solely on a past, uninfluential concealment of beneficial stock ownership, without considering the station's service quality or other public interest factors, was arbitrary and capricious.
• Health Care & Ret. Corp. OF Am., Inc. v. Dep't of Health & Rehabilitative Servs.
  559 So. 2d 665· Fla. 1st DCA· 1990-03-29 ·cited 12×
  Health Care and Retirement Corporation of America (HCR) appealed the Department of Health and Rehabilitative Services' denial of its certificate of need application for nursing home beds in Lee County. The court reversed and remanded as to HCR, finding that the Department's denia
• Liwanag v. Immigr. & Naturalization Serv.
  872 F.2d 685· 5th Cir.· 1989-05-15 ·cited 12×
  The court should have remanded the case to the BIA for reconsideration because the BIA weighed an impermissible factor in denying the waiver.
• Ill. Commerce Comm'n & Patrick W. Simmons v. Interstate Commerce Comm'n & United States
  848 F.2d 1246· D.C. Cir.· 1988-05-24 ·cited 12×
  The court held that the Interstate Commerce Commission's (ICC) exemption regulation, which significantly reduced the advance notice period for rail abandonments to states, was arbitrary and capricious because it failed to adequately consider Congress's intent to delegate a crucia
• Graphic Commc'ns Int'l Union v. Salem-Gravure Div. OF World Color Press, Inc.
  843 F.2d 1490· D.C. Cir.· 1988-04-15 ·cited 12×
  The Occupational Safety and Health Review Commission's decision requiring federal district court authorization for non-federal employee experts to conduct discovery inspections of employer premises is reversed as arbitrary and capricious.
• H.K. Porter Co., Inc. v. Metro. Dade Cnty.
  825 F.2d 324· 11th Cir.· 1987-08-24 ·cited 12×·via Arbitrary And Capricious Action
  The court held that Metropolitan Dade County's (MDC) 5% minority business enterprise (MBE) goal in its construction contract bidding procedure was constitutional, both on its face and as applied, and that MDC did not act arbitrarily or capriciously in denying the contract to the
• Patricio Hernandez-Cordero and Maria Guadalupe Ortega de Hernandez v. United States Immigr. & Naturalization Serv.
  819 F.2d 558· 5th Cir.· 1987-06-19 ·cited 12×
  The court held that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying the application for suspension of deportation, as the hardship faced by the appellants was not "extreme" under the relevant statutory framework.
• Start v. Immigr. & Naturalization Serv.
  803 F.2d 539· 9th Cir.· 1986-10-28 ·cited 12×
  The BIA abused its discretion by failing to consider all relevant factors and by acting contrary to congressional intent when deporting Robert Garcia Start.
• Rinker Materials Corp. v. Town OF Lake Park
  494 So. 2d 1123· Fla.· 1986-08-21 ·cited 12×·via Arbitrary And Capricious Action
  The court held that procedural irregularities in special assessment proceedings were not substantial enough to deny due process, and the Comprehensive Land Use Plan did not apply to the project.
• Campbell v. Bowen
  800 F.2d 1247· 4th Cir.· 1986-06-27 ·cited 12×
  The court should reverse the district court's judgment and remand for fixing of attorney's fees.
• Fed. Prop. Mgmt. Corp. v. Dep't of Health & Rehabilitative Servs.
  482 So. 2d 475· Fla. 1st DCA· 1986-01-20 ·cited 12×
  Healthcare providers appealed HRS denials of their certificate of need applications for nursing home beds in Broward County. The court affirmed HRS's discretionary determination that the evidence did not demonstrate exceptional circumstances warranting deviation from the bed need
• Ingersoll-Rand Co. v. United States
  780 F.2d 74· D.C. Cir.· 1985-12-31 ·cited 12×
  The court held that the district court correctly dismissed the case because the plaintiff's claim, despite its framing, was essentially a contractual dispute falling under the exclusive jurisdiction of the Claims Court via the Contract Disputes Act.
• Berniece Larimore v. C.T. Conover
  775 F.2d 890· 7th Cir.· 1985-11-01 ·cited 12×
  The Comptroller of the Currency exceeded his statutory authority by ordering a bank director to personally indemnify the bank for losses without a prior judicial determination of knowing violation.
• Donovan v. Adams Steel Erection, Inc.
  766 F.2d 804· 3d Cir.· 1985-07-05 ·cited 12×
  The court held that the general fall protection standard (29 C.F.R. § 1926.105(a)) is not preempted by industry-specific steel erection standards for exterior perimeter falls, and that proof of employee 'access' to a zone of danger, not actual exposure, is sufficient to establish
• Cal. Cartage Co., Inc. v. United States
  721 F.2d 1199· 9th Cir.· 1983-12-12 ·cited 12×
  The court held that off-dock container freight station operators have standing under the Shipping Act's 'detriment to commerce' standard to challenge a maritime labor agreement that allegedly harms their competitive position.
• Nat'l Fed'n OF Fed. Emps. & Nat'l Ass'n of Gov't Emps. v. Devine
  671 F.2d 607· D.C. Cir.· 1982-02-19 ·cited 12×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Office of Personnel Management (OPM) had good cause to postpone the federal employees' health benefit open season without prior notice and comment under the Administrative Procedure Act due to unforeseen emergency circumstances.
• Taunton Municipal Lighting Plant v. Dep't OF Energy
  669 F.2d 710· Temp. Emer. Ct. App.· 1982-01-05 ·cited 12×
  The court held that the variable-price contract entered into on April 23, 1973, was the relevant 'transaction' for calculating the maximum lawful selling price under the MPPR, and that Ruling 1979-1 was a valid interpretative rule not subject to notice and comment requirements.